The outgoing city board has tabled a rezoning issue that could determine if a restaurant located near a church may sell alcoholic beverages.
The sale of beer and light wine by permitted establishments is allowed in the city after Eupora citizens voted in October to give the city a qualified resort status. A related city ordinance was adopted and took effect Dec. 2.
Mitchell’s LLC, dba Mitchell’s Central Service Grill, ran a “public notice of intent to make application for alcoholic beverage retailer’s permit” in this newspaper for three consecutive weeks (Dec. 9-23). The notice stated the corporation intended to apply for an on-premises retailer permit as provided for by the state’s Local Option Alcoholic Beverage Control laws. Anyone objecting to the issuance of the permit had 15 days from the first publication date to request a hearing before the state Department of Revenue.
At the outset of its Jan. 4 meeting, the Eupora Board of Aldermen amended its agenda to include “Rezoning” at the request of Hugh Gibson (Ward 3). He later offered a motion, as recorded in the minutes, “to start the process of rezoning the two city blocks between Gold Street and Veterans Memorial Boulevard, which are within the historic district, from residential to commercial. GTPDD (Golden Triangle Planning and Development) will be contacted for mapping purposes.” That area includes First Baptist Church and its family life center.
Junior Shaw (Ward 1) seconded, with the three board members present (Gibson, Shaw and At-Large Alderman Jerry Gary) voting aye.
Other Discussions
Gibson mentioned the issue again during discussion of an unrelated rezoning item Feb. 1, and a city resident asked Planner George Crawford of the PDD how long the mapping process would take. Crawford responded that he did not know, and City Attorney Joey Hood said the agency would look at city ordinances and zoning maps before making a recommendation to the board. No such recommendation has been presented to the board at any meeting since then.
The matter was back on the agenda of the regular March meeting, when Shaw offered a motion to authorize GTPDD to prepare a proposal for “rezoning” an area comprising the Eupora Historic City Center. The motion seemed to be essentially the same as the one approved in January. There being no second, the motion failed and no board action was taken. Aldermen present at that time in the boardroom were Shaw, Gary and Howard Rumore (Ward 2), but Gibson did arrive later.
The proposed rezoning apparently concerned requirements for alcohol sales, specifically in regard to the distance between Mitchell's CSG and First Baptist Church.
The city’s qualified resort area ordinance addresses location standards and waiver of same for alcoholic beverage sales. If a church, school, daycare, kindergarten or funeral home is located in a residential zone, no business located within 400 feet can be granted a permit to sell alcohol.
In zones not classified as residential, the minimum distance requirement is 100 feet. The distance is measured in a straight line from the point on the building housing the business nearest to the nearest point on the church or other facilities mentioned.
Any business seeking a special-use permit under the ordinance may be located only in those areas zoned commercial designated as C-1 or C-2 according to the city zoning map and ordinances.
June 7 Meeting
The issue was not on the agenda again until June 7 as “Rezoning Request — Mitchell’s Central Svc Grill.” Gibson asked that the issue be discussed again when the board reached that item. City resident Jim Brown and now-Mayor-elect Blake McMullan also asked questions and made comments about it.
Hood, addressing the minimum 400-foot buffer per city ordinance under current zoning, said Mississippi Alcohol Beverage Control, using lasers, had determined the distance between the restaurant and First Baptist Church’s family life center to be 375 feet.
The restaurant is located on the southeast corner of West Roane and South Dunn. FBC’s family life center is located behind the church between Gold Street and Pear Tree Lane. The south side of the family life center, which faces West Roane, is the nearest part on the church to the restaurant.
Therefore, the area where the church is located would have to be rezoned commercial, which would change the minimum distance requirement to 100 feet, before Mitchell’s CSG could sell alcoholic beverages, unless the church waives the distance restrictions.
The discussion ended with Gibson making a motion, seconded by Gary, that the item be tabled until the next regular meeting. The motion was approved 4-0; Robert Gibbs (Ward 4) was absent.
That meeting will be at 6 p.m. July 6 — the first of the new mayor and board elected June 8. Gibson also asked Hood to look into questions brought up during the discussion — “an overview of everything (to include rezoning and ordinance changes).” Hood said he would have conversations about this with ABC before then.
